Western Australian Consolidated Acts

LEGAL PROFESSION ACT 2008 - SECT 119

119 .         Banning of incorporated legal practices

        (1)         The State Administrative Tribunal may, on the application of the Board or the Complaints Committee, make an order disqualifying a corporation from providing legal services in this jurisdiction for the period the Tribunal considers appropriate if satisfied that —

            (a)         a ground for disqualifying the corporation under this section has been established; and

            (b)         the disqualification is justified.

        (2)         An order under this section may, if the State Administrative Tribunal thinks it appropriate, be made —

            (a)         subject to conditions as to the conduct of the incorporated legal practice; or

            (b)         subject to conditions as to when or in what circumstances the order is to take effect; or

            (c)         together with orders to safeguard the interests of clients of the incorporated legal practice who have been or are to be provided with legal services by the practice, and the employees or officers of the incorporated legal practice.

        (3)         Action may be taken against an incorporated legal practice on any of the following grounds —

            (a)         that a legal practitioner director or an Australian legal practitioner who is an officer or employee of the corporation is found guilty of professional misconduct under a law of this jurisdiction or another jurisdiction;

            (b)         that the Board or the Complaints Committee is satisfied, after conducting an audit of the incorporated legal practice, that the incorporated legal practice has failed to implement satisfactory management and supervision of its provision of legal services;

            (c)         that the incorporated legal practice (or a related body corporate) has contravened section 100 or a regulation made under that section;

            (d)         that the incorporated legal practice has contravened section 117;

            (e)         that a person who is an officer of the incorporated legal practice and who is the subject of an order under —

                  (i)         section 120 or under provisions of a corresponding law that correspond to that section; or

                  (ii)         section 145 or under provisions of a corresponding law that correspond to that section,

                is acting in the management of the incorporated legal practice.

        (4)         If a corporation is disqualified under this section, the Board must, as soon as practicable, notify the corresponding authority of every other jurisdiction.

        (5)         If a corporation is disqualified from providing legal services in another jurisdiction under a corresponding law, the Board may determine that the corporation is taken to be disqualified from providing legal services in this jurisdiction for the same period, but nothing in this subsection prevents the Board from instead applying for an order under this section.

        (6)         A corporation that provides legal services in contravention of a disqualification under this section commits an offence.

        Penalty: a fine of $50 000.

        (7)         A corporation that is disqualified under this section ceases to be an incorporated legal practice.

        (8)         Conduct of an Australian legal practitioner who provides legal services on behalf of a corporation in the capacity of an officer or employee of the corporation is capable of constituting unsatisfactory professional conduct or professional misconduct if the practitioner ought reasonably to have known that the corporation is disqualified under this section.

        (9)         The regulations may make provision for or with respect to the publication and notification of orders made under this section, including notification of corresponding authorities of other jurisdictions.